LAWS(MAD)-2008-11-44

BACKIAM ALIAS BACKIALAKSHMI Vs. M RAMAMURTHY

Decided On November 25, 2008
BACKIAM ALIAS BACKIALAKSHMI Appellant
V/S
M.RAMAMURTHY Respondents

JUDGEMENT

(1.) THE revision petitioners/defendants have filed this present revision petition as against the order dated 16. 06. 2008 in I. A. No. 852 of 2007 in O. S. No. 539 of 2006 passed by the Subordinate Judge, Coimbatore in allowing the application for amendment of plaint filed by the first respondent/plaintiff under Order VI Rule 17 of Civil Procedure Code.

(2.) THE trial Court, while passing orders in I. A. No. 852 of 2007, has inter alia observed that 'the said application will be allowed on payment of cost of Rs. 100/- each to respondents 1 to 4 therein to be paid before 20. 06. 2008, failing which the petition will stand dismissed and posted the case to 20. 06. 2008. '

(3.) THE learned counsel for the revision petitioners/ defendants 1 and 3 submits that the order passed by the trial Court in allowing the interlocutory application for amendment of plaint is contrary to law and facts and that the trial Court has not taken into account of the fact that the suit is barred based on the principles of res judicata, since the Hon'ble High Court has already dealt with the issue in A. S. No. 887 of 1990 and therefore, the same is binding on the first respondent/plaintiff and further that the trial Court has not appreciated the another fact that by allowing the proposed amendment, the cause of action of the entire suit will get changed and therefore, the trial Court ought to have dismissed the application in the interest of justice and therefore, prays for allowing the civil revision petition.